EUSTACE OKO ANNAN vs BENJAMIN BAANI BUXTON & ANOTHER
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALEX OWUSU-OFORI (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Tort Law
- Civil Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The suit involved intra-family land dealings at Dodowa between Plaintiff Ako Oko Annan and his nephews, Benjamin and Irving Baani Buxton. Annan claimed a 0.408-acre parcel granted by Regina Korkor Adu in 2005 and registered in 2017. Irving, resident in the USA, alleged he had purchased four plots through Annan and that Annan fraudulently altered documentation to take two plots for himself, acting improperly as a lawyer. The court set down issues on entrustment, the number of plots purchased, alleged fraud, and entitlement to reliefs. The grantor, Regina, testified she executed two separate grants: two plots for Irving and two adjacent plots for Annan, with boundary pillars and separate site plans. Applying Ghana’s Evidence Act and case law, the court held the Defendants had not proved fraud and found the Plaintiff’s evidence credible. The court declared title for Annan, enjoined the Defendants from interference, awarded GH50,000 damages for trespass, and GH30,000 costs, dismissing the counterclaim.
The Plaintiff who is an uncle of the Defendants, first on the 5th day of January 2018 commenced the instant action against the 1st Defendant alone asking for the following reliefs:
1. A Declaration of title in favour of the Plaintiff to all that land situate at Dodowa bounded on the North by a proposed road measuring 101.4 feet more or less on the South by a proposed road measuring 93.8 feet more or less on the East by Regina Korkor Adu’s land measuring 192.3 feet on the West by Regina Korkor Adu’s property measuring 195.4 feet more or lease and containing an approximate areas of 0.408 acre more or less annexed to land Certificate No. TD 13654 Volume 021 Folio 1049 dated 11th April, 2017.
2. Damages for trespass thereto.
3. Perpetual injunction restraining the Defendant whether by himself, servants, agents, privies, whatsoever from entering on and/or encroaching upon the said land (or any portion thereof). The subject matter of this suit or interfering in any manner with the Plaintiff’s ownership of the said piece/parcel of land.
The 1st Defendant entered appearance for himself on 17th January, 2021 and filed his statement of Defence and Counterclaim on the 25th of January, 2018.
The 1st Defendant alleged to have done whatever was done on behalf of the brother who is resident in the United States of America, so he filed a motion for joinder of Irving Buxton and same was granted by the court.
The Plaintiff pursuant to the grant of the application for joinder subsequently filed an amended writ of summons and statement of claim.
By the amended Statement of Defence and counterclaim filed by the 2nd Defendant dated 2nd July, 2019 pursuant to the order of the court the 2nd Defendant asked for the following reliefs by way of counterclaim.
a) A declaration that the disputed land forms part of the defendants’ principal land.
b) An order for recovery of possession from the Plaintiff.
c) An order to demolish the offensive structure and the cost of demolishing surcharge to the Plaintiff.
d) An order directed at the Lands Commission to expunge the said registration of the land in issue from its records.
e) An order restraining the Plaintiff to cease construction work on the disputed land.
f) An order referring the conduct of the Plaintiff to the General Legal Council having acted in bad faith as lawyer of the 2nd Defendant in the transaction.
g) Cost including legal fees.
PLAINTIFF’S CASE
The Plaintiff by his amended statement of claim is saying that